Computer Buyer 1998 October/dpcb1098.iso/Toolkit/Vet95/Disk1/LICENCE.TXT

Text File | 1998-04-07 | 18KB | 321 lines

Attention Vet Users: a separate licence agreement applies to all customers
purchasing their Vet software licence from a US distributor. If you are such a
customer, please scroll down to view the agreement which immediately
follows the Vet Anti-Virus Software Licence Agreement displayed below.

VET ANTI-VIRUS SOFTWARE LICENCE AGREEMENT
WARNING
Please carefully read the following terms and conditions before continuing
with the setup or installation. You will be asked if you understand and accept
and agree to be bound by these terms and conditions. The installation or
setup will not complete until you have confirmed this.
If you do not agree to these terms and conditions, promptly return the
package to Cybec Pty Ltd ("Cybec") within 14 days (or the dealer from which
you acquired this product) and your License fee will be refunded.

RECITALS

A. Cybec is the author of and owns the software suite supplied, known as
Vet Anti-Virus Software together with any updates, enhancements,
modifications, additions or new releases thereto and related documentation,
including instruction manuals (the "Software").

B. Cybec has agreed to grant the Licensee a non-exclusive non-transferable
Licence to use the Software and the right to install the Software subject to
the following terms and conditions.

C. Where any of the following terms occur they will have the following
meaning:
* PC: An IBM compatible computer
* Workstation: An IBM compatible computer
* Single PC License: A License to use Vet on a single IBM compatible
computer
* OEM Version: (Original Equipment Manufacturer Version) This copy
of Vet is only to be installed onto PCs that are then to be sold. This
is done so that the customer can be confident that when their new
PC arrives it will be virus free.
* Multiple PC License: Vet can be used on more than one PC (The
invoice will let you know how many PCs it can be installed to)
* Starter Kit: A single copy of the software that will not receive any
updates or support

OPERATIVE PROVISIONS

1. LICENCE
In consideration of the payment of the amount referred to on the invoice
and/or receipt issued to the Licensee with this package ("the Licence Fee")
for the Software and the Licensee's agreement to be bound by the terms
and conditions of this Agreement, Cybec hereby grants to the Licensee a
non-exclusive non-transferable Licence for one year (unless otherwise
arranged, and confirmed in writing) to use the Software and the right to
install the Software on the terms and conditions contained in this Agreement.
This Agreement does not grant the Licensee any title or rights of ownership
in the Software.

2. CONDITIONS OF USE
2.1 If the Software supplied is a Single User (Starter pack or OEM) it can
only be installed and used on one personal computer ("PC") or workstation
at any one time. A Starter kit or OEM Version of the Software may not be
used to protect multiple PCs or workstations and does not come with any
upgrades or support.

2.2 If the Software supplied is a Single User Workstation Version that is not
a Starter kit or OEM it can only be installed and used on one personal
computer ("PC") or workstation at any one time. A Single User Version of the
Software may not be used to protect multiple PCs. The users will receive the
upgrades and support that is listed in the on-line help that comes with the
software.

2.3 If the Software supplied is a Multiple User Workstation Version, the
Software may only be used on that number of PCs or workstations referred
to on the invoice issued to the Licensee with this package at any one time.
Where the Software is available to PCs and workstations by virtue of its
being installed on a Network, the sum total of PCs protected by the Software
may not exceed the total number of PCs covered by the Multiple User
Agreement.

2.4 If the number of PCs specified in clause 2.3 represents all the PCs
owned by the Licensee, Cybec permits the Licensee to distribute copies of
the PC Workstation Software to its employees or full-time students for their
personal use, provided that they are given a full copy of the current Vet
Master Disk with all files intact and that all such employees or full-time
students are informed that they may only use the Software while they remain
employed or enrolled with the Licensee and may not use the Software on
any PC used for commercial purposes other than in the course of their
employment or studies with the Licensee. Copies of the Vet Master Disk may
be made by carrying out a diskcopy.

2.5 The Licensee may transfer the Software to another PC, workstation or
network as the case may be provided that the Licensee deletes or erases
the Software from the PC, workstation or network on which it has been
installed prior to installing it on the other PC, workstation or network.

2.6 A separate Licence agreement and Licence fee is required for use of the
Software on any additional network, PC or workstation. The number of users
for a Multiple PC Licence Version may be increased on application to Cybec
and on payment of Cybec's then current Licence fees therefor.

2.7 If the Software supplied is a Network Version, the Software may only be
used on that number of servers referred to on the invoice issued to the
Licensee with this package at any one time.

2.8 A Licensee with either a Vet Tech or Corporate Service Licence is
authorised to temporarily install the Software to find and remove viruses on
PCs belonging to the Licensee and those belonging to the licensees'
customers. However Vet Anti-Virus software does not permit the Licensee to
leave any installed copies of the Software on PCs belonging to the Licensee
and does not permit the Licensee to leave any copies of the Software in the
possession of, or on the PCs of customers of the Licensee. The Software
can only be left on a PC if a separate License has been purchased
according to the conditions in section 2.2, 2.3 or 2.6 of this document.

3. LICENSEE'S OBLIGATIONS
The Licensee undertakes and agrees with Cybec that the Licensee must:(a)
not copy, reproduce, translate, adapt, vary or modify the Software other than
in accordance with the terms and conditions of the Agreement without the
prior written consent of Cybec; and(b) supervise and shall indemnify Cybec
fully against all actions, claims, liabilities, costs and expenses
howsoeverlasting which Cybec may incur as a result of the Licensee's
breach of Cybec's copyright and other intellectual property rights in the
Software.

4. WARRANTY

4.1 The Licensee acknowledges that the Software cannot be guaranteed
free of errors and further acknowledges that the existence of any such errors
shall not constitute a breach of this Agreement.

4.2 Notwithstanding clause 4.1, Cybec expressly warrants that, for a period
of [90] days commencing immediately upon delivery of the Software (as
evidenced by a copy of the receipt for the Software), the Software and any
disks on which the Software is recorded will be free from defects in material
and workmanship under normal use and conditions. If the Software or the
disks fail to comply with these express warranties, Cybec will, at its cost and
discretion, either refund the purchase price or replace the product provided
that, in either case, the Licensee returns the product to Cybec or the dealer
who supplied it to the Licensee and the Licensee provides Cybec or the
dealer with details regarding the defect.

4.3 The express warranty contained in clause 4.2 does not apply to Software
or disks which have been damaged or modified by the Licensee or third
parties and does not apply to problems, defects or errors which are caused
by the failure of third party equipment or by the fault or negligence of the
Licensee or third parties.

5. LIMITATION OF LIABILITY
To the fullest extent allowed under law, Cybec excludes all other terms,
warranties and conditions, whether express or implied, relating to the
performance, quality, or fitness for use of the Software or any disks on which
the Software is recorded, including any warranty or condition that the
Software will meet the Licensee's requirements or operate without
interruption or error. To the fullest extent allowed under law, and subject only
to the express warranty contained in clause 4.2, the liability of Cybec for any
breach of any term, condition or warranty, or duty of care, shall be limited, at
the discretion of Cybec, to any one or more of the following:(a) the
replacement of the Software or the supply of equivalent Software from
Cybec;(b) the repair of the Software;(c) the payment of the cost of replacing
the Software; or(d) the payment of the cost of having the Software repaired.
The Licensee agrees that in no event will Cybec be liable for damages,
including but not limited to, indirect, special, incidental or consequential
damages (including loss of profits or anticipated revenue) in connection with
or arising out of performance of the Software, even if Cybec or the dealer
had been advised of the possibility of such damages.

6. WAIVER
No right under this Agreement shall be deemed to be waived except by
notice in writing signed by each party. No waiver by a party pursuant to this
clause will prejudice its rights in respect of any subsequent breach of this
Agreement by another party.

7. ASSIGNMENT
This Agreement will enure to the benefit of Cybec, its successors and
assigns. The Licensee may not assign or otherwise deal with its rights or
obligations under this Agreement or any part thereof without the prior written
consent of Cybec.

8. GOVERNING LAW
This Agreement will be governed by and interpreted in accordance with the
laws of Victoria (Australia) and the parties agree to submit to the non-
exclusive jurisdiction of the courts of Victoria.

9. INVALIDITY
Any provision of this Agreement which is or becomes prohibited or
unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to
the extent thereof without invalidating any other provision of this Agreement,
and any such prohibition or unenforceability will not invalidate such provision
in any other jurisdiction.

10. ENTIRE AGREEMENT
This Agreement comprises the entire agreement between the parties with
respect to the subject matter of this Agreement and supersedes all prior
agreements, representations and correspondence between the parties with
respect to that subject matter.

** The licence agreement for customers purchasing Vet other than from a US
distributor ends here **

** The following license agreement applies to customers who purchase Vet
from a U.S. distributor. **


IMPORTANT NOTICE. Read this license agreement carefully before
downloading, installing or using the software provided with this Agreement
(the "Software").  BY DOWNLOADING THE SOFTWARE, OPENING THE
PACKAGE, INSTALLING THE SOFTWARE, OR USING THE SOFTWARE
IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT.  IF
YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE
SOFTWARE, DO NOT USE THE SOFTWARE, PROMPTLY REMOVE THE
SOFTWARE TOGETHER WITH ALL COPIES FROM YOUR COMPUTER,
AND, IF APPLICABLE, RETURN THE SOFTWARE (AND ALL WRITTEN
MATERIALS AND CONTAINERS) TO THE PLACE WHERE YOU
OBTAINED THEM.

This END USER SOFTWARE LICENSE AGREEMENT (the "Agreement") is
made between you, the end user ("You") and ONTRACK Data International,
Inc., a Minnesota corporation, or any subsidiary ("ONTRACK").

LICENSE GRANT.  ONTRACK and its suppliers grant You (as an individual
or entity) a personal, non-exclusive, non-transferable right for one (1) year to
use the Software on a single computer workstation or server, as applicable.
During the term of your license, You may download one (1) update of the
Software as published by ONTRACK from time to time on its then current
electronic distribution facility (e.g. bulletin board, web page, etc.).  During the
term of your license, You are also entitled to access ONTRACK technical
support resources for a single three (3) consecutive calendar month period
which will commence upon your first contact with ONTRACK technical
support staff.  The authorized number of users/computers, the authorized
number of updates, the term of technical support, and/or the term of this
license may be increased upon application to ONTRACK and upon payment
of the then current ONTRACK fees therefor. This license to use the Software
is conditioned upon your compliance with the terms of this Agreement.

OTHER RESTRICTIONS.  You agree that You will only copy the Software
into any machine-readable or printed form as necessary to use it in
accordance with this license or for backup purposes in support of your use of
the Software.  You may transfer the Software to another computer provided
that You first delete or erase the Software from the computer on which it has
been previously installed.  You may not: (a) remove any product
identification, copyright notices, or other notices or proprietary restrictions
from the Software; (b) rent or lease the Software; (c) sublicense or assign
your license rights to use the Software; or (d) reverse engineer, reverse
assemble, decompile or alter the Software; except to the extent such
restrictions are expressly prohibited by applicable law.

TERMINATION. This license is effective until terminated.  You may
terminate it at any time by destroying the Software, together with all copies
thereof.  This license will also terminate immediately without notice from
ONTRACK if you fail to comply with any provision of this Agreement.  Upon
such termination, you agree to destroy the Software, together with all copies
thereof.  This is in addition to and not in lieu of any criminal, civil or other
remedies available to ONTRACK.

COPYRIGHT/OWNERSHIP. The Software and its source code are protected
by copyright law, other intellectual property laws, and international treaty
provisions.  The Software is licensed and not sold.  You acquire only the
right to use the Software and do not acquire any rights, express or implied, in
the Software or media containing the Software other than those specified in
this Agreement.  ONTRACK and its suppliers shall at all times retain all
rights, title, interest, including intellectual property rights, in the Software and
media.

TRADEMARKS.  VET is a trademark or registered trademark of Cybec Pty
Ltd.  ONTRACK is a trademark or registered trademark of ONTRACK Data
International, Inc.  All other brand and product names are trademarks or
registered trademarks of their respective holders.

EXPORT RESTRICTIONS. You agree to comply fully with all laws and
regulations of the United States and other countries (Export Laws) to assure
that neither the Software, nor any direct products thereof are (1) exported,
directly or indirectly, in violation of Export Laws, or (2) are used for any
purpose prohibited by Export Laws.

NO WARRANTIES; LIMITATION OF LIABILITY.  THE SOFTWARE IS
PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY
KIND, AND THE ENTIRE RISK OF THE USE OF THE SOFTWARE IS
ASSUMED BY YOU.  ONTRACK AND ITS SUPPLIERS DO NOT
WARRANT THAT THE SOFTWARE IS NON-INFRINGING, THAT IT WILL
MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE
UNINTERRUPTED OR ERROR-FREE.  NEITHER ONTRACK NOR ITS
SUPPLIERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES TO THE
EXTENT PERMITTED BY LAW, AND SPECIFICALLY DISCLAIM THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.  IF SUCH DISCLAIMER IS NOT PERMITTED BY
LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED
TO 90 DAYS FROM THE DATE OF DELIVERY TO YOU.  IN NO EVENT
WILL ONTRACK OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR
INDIRECT DAMAGES OF ANY KIND, OR LOST PROFITS, LOST
SAVINGS OR OTHER ECONOMIC DAMAGES OF ANY KIND, ARISING
OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.  Some jurisdictions do not allow the
exclusion of implied warranties or limitation on how long an implied warranty
may last, or the exclusion or limitation of incidental or consequential
damages, so such limitation or exclusions may not apply to you.  You may
have other rights which vary from jurisdiction to jurisdiction.  In no event will
the liability of ONTRACK or its suppliers for any claim, whether in contract,
tort or any other theory of liability, exceed the license fee paid by you.
Neither party may bring an action, regardless of form, more than two years
after the cause of action arose.

MISCELLANEOUS.  In the event of invalidity of any provision of this
Agreement, the parties agree that such invalidity shall not affect the validity
of the remaining portions.  The Agreement is governed by the laws of the
State of Minnesota as applied to agreements between Minnesota residents
entered into and to be performed entirely within Minnesota, and each party
hereto submits to the exclusive jurisdiction of the Courts of that State. The
United Nations Convention on Contracts for the International Sale of Goods
is specifically disclaimed.  This is the entire agreement between You and
ONTRACK which supersedes any prior agreement, whether written or oral,
relating to this subject matter.

U.S. GOVERNMENT RESTRICTED RIGHTS.  In the event the Federal
Acquisition Regulations (FAR) or DFARS is applicable to this Agreement,
use, duplication, or disclosure by the Government is subject to restrictions as
set forth in subparagraphs 52.227-19(c)(1) and (2) or subdivision 252.227-
7013(c)(1)(ii), respectively (or a comparable or successor clause to either),
as applicable.  Contractor/manufacturer is ONTRACK Data International,
Inc., 6321 Bury Drive, Eden Prairie, Minnesota, USA 55346.
Cybec Pty Ltd., 1601 Malvern Rd, Glen Iris, Victoria, Australia 3146 is a
supplier of ONTRACK for all purposes hereunder.